Legal Question in Wills and Trusts in Indiana

will statute in indiana

In 1973 my natural father died suddenly in a car accident. he was remarried to a second wife. My brother and I were his two natural children and he then adopted legally two chidren from the second marriage. Upon his death, I received his will and it state that I, my brother, my two step siblings were to receive inheritances from his successful business he was vp of, his life insurance which also had an accidental clause in the policy for a large sum.

At that time i was so traumatized by his death and the circumstances of his second marriage, that i did not follow through with the pursuit incourt following up on his wishes in the will. His second wife was the person who would handle the wishes. She didnt. After the death, that was it, fini.

I have struggled with the question if i should pursue this now, as he wished so many years ago.There would be a record of his will in the court house.

please help me to know if there is a statute of limitations on this matter. If there isnt i need advice on how to pursue this from my State Colorado to Indiana.

Thank you very much for the consideration.


Asked on 10/12/04, 2:40 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: will statute in indiana

Indiana does not recognize a will unless it is presented for probate within 3 years of death. A will cannot affect the passage of non-probate assets such as joint interests and life insurance. It is doubtful that you are in a position to pursue any remedies at this time, although if the will were probated and there were probate assets that would satisfy your inheritance which were not paid out to you or your guardian if you were a minor at the time, you could make an argument today that the person who acted as personal representative held your share of the estate in a constructive trust. That assumes there were probate assets. You would have to check with the county clerk of the county where your father was a resident at the time of death to determine if the will were probated. The clerk could also tell you if an inventory was filed and whether or not there was any probate. If not, it is unlikely that there were any probate assets, no matter your father's intentions. To pursue the matter you should then call the bar association of the county where he resided and seek referral to a probate attorney there.

Read more
Answered on 10/12/04, 9:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Indiana